Accessory After The Fact

Question 1

What are the intentional acts, or actus rea, of accessory

Answer 1

Receives
Comforts
Assists
Tampers with evidence
Actively suppresses evidence

Question 2

What needs to be proved for accessory after the fact (ingredients l)

Answer 2

That the person who is received, comforted or assisted by the accessory is a party to an offence
That at TIME of RCA that person, the accessory knew that person was a party to an offence
That the accessory RCA that person or tampered with or actively suppressed any evidence against that person
That at the time of RCA the accessory’s purpose was to enable that person to escape after arrest or to avoid arrest

Question 3

Spouse /civil union partner exceptions
Multi choice ?

Answer 3

Check section 71(2) is it repealed do you need to learn

Question 4

What was held in R V Crooks in relation to knowledge

Answer 4

Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence. Mere suspicion of their involvement in the offence is insufficient

Question 5

Knowing any person to have been a party to an offence
SA
IS THIS CASE LAW OR DEFINITION?

Answer 5

Knowledge means knowing or correctly believing
The belief must be a correct one, where the belief is wrong and person cannot know (crooks)

Question 6

Interviewing an accessory, what knowledge must an accessory posses

Answer 6

Knowledge that an offence has been committed, and the person they are assisting was a party to the offence .
Where knowledge comes about after the assistance has been given, they are not liable

Question 7

Matt committed crime, goes to girlfriend and tells her, she receives him and hides him from police. What is her liability

Answer 7

Accessory after the fact

Question 8

Matt kills someone, lies to flatmate and asks her to get rid of clothes l, she throws them away, next day he comes clean

Answer 8

Can’t charge her as she did not know at the time of assistance he had committed any crime

Question 9

Ceaser and Jo get home after committing Robbery. They tell Smokey then they leave the house. Police arrive he tells them he doesn’t know anything. What is his liability

Answer 9

No liability

Question 10

Accessory after the fact elements and section

Answer 10

S71 (1) CA61
Knowing any person to have been a party to the offence
RCA that person OR
Tampers with any evidence against him OR
Actively suppresses any evidence against him
IN ORDER TO ENABLE HIM TO ESCAPE AFTER ARREST
OR
TO AVIOD ARREST OR CONVICTION

Question 11

What needs to be proved for a charge of accessory after the fact S71(1)

Answer 11

Elements
Person A that they RCA is a party to an offence that has been committed
Time of RCA knew they were a party to the offence
Person B RCA’d tampered/actively suppressed evidence
Person B’s purpose was to enable that person to escape after arrest/avoid arrest or avoid conviction

Question 12

Offence definition

Answer 12

Any act or omission that is punishable on conviction

Question 13

Knowing any person to have been a party to the offence (case law)

Answer 13

Crooks
Actually knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence.

Question 14

When must the knowledge exsist

Answer 14

At the time assistance is being given the accessory must have knowledge that
An offence has been committed and
The person they are assisting was a party to that offence

Question 15

Wilful blindness CL

Answer 15

Briggs
Knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquiries that would confirm the suspected truth

Question 16

Actus reus of acessorry
After the fact

Answer 16

Receives - hides/harbours
Comforts - food clothing
Assists - provides transport
Tampers with evidence - alter the evidence, eg modify phone records
Actively suppresses evidence - conceals or destroys evidence

Question 17

Offence must be complete CL

Answer 17

Mane
To be an accessory the acts done by the person must be after the completion of the offence

Question 18

Discuss CL Gibbs

Answer 18

Evade justice - GIBBS
Gibbs charged with AATF
Gibbs hiding with a convicted murder that had escaped. Gibbs went and got supplies which he and the convicted murderer shared.

Question 19

Is it possible to attempt to be an accessory?

Answer 19

Yes ie CL DH
Unsuccessful disposal of weapon used in fatal robbery

Question 20

Indirect assistance

Answer 20

No requirement that the offender is directly assisted by the accessory

Question 21

Innocent agent

Answer 21

Where innocent agent is employed by an accessory. The actions of the innocent agent will be held to be the actions of the accessory

Question 22

AATF Can the insist the principle offence be proved

Answer 22

An accessory after the fact may insist that the principle offence be proved. Despite any guilty plea entered or conviction recorded against the principle offender